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2021 DIGILAW 1992 (RAJ)

Isharam v. State of Rajasthan

2021-10-21

DEVENDRA KACHHAWAHA

body2021
JUDGMENT The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.73/2021, Police Station Balesar, District Jodhpur, registered for the offences under Section 143, 341, 323, 384, 307/34 of IPC and Section 5/27 of Arms Act. Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioner stated that none of the injury found grievous in nature or dangerous to life on vital part of the body; only a single injury of swelling on left knee is found which is simple in nature; benefit of bail has already been granted to the co-accused Chhotu Singh by this Court vide order dated 24.08.2021; charge-sheet has been filed; and the trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused- petitioner. Per contra, learned Public Prosecutor opposed the bail application and stated that earlier four other cases have been registered against the accused-petitioner. Having regard to the facts and circumstances of the case, particularly to the fact that none of the injury found is grievous in nature or dangerous to life on vital part of the body; benefit of bail has already been granted to the co-accused by this Court; charge- sheet has been filed; and the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Isharam S/o Premaram, arrested in connection with F.I.R. No.73/2021, Police Station Balesar, District Jodhpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.